ERROR OF LAW; LESSER INCLUDED OFFENSE.
Tex. GOV'T Code § 432.101.
in effect(a) A finding or sentence of a court-martial may not be held incorrect on the ground of an error of law unless the error materially prejudices the substantial rights of the accused.
(b) A reviewing authority with the power to approve or affirm a finding of guilty may approve or affirm instead as much of the finding as includes a lesser included offense.
